APPROVED CHAPTER
JUNE 29, 2021 99
BY GOVERNOR RESOLVES
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 446 - L.D. 1577
Resolve, To Convene a Working Group To Study Possible Solutions for
Families Facing Emergency Child Custody Situations
Preamble. Whereas, families in emergency situations regarding the safety of their
children do not have a process other than the protection from abuse laws to request
temporary emergency custody of children; and
Whereas, the protection from abuse process is not appropriate for all of the emergency
situations requiring the court's intervention; and
Whereas, several studies have highlighted the need to address emergency situations,
including an appropriate process for access to the courts, for Maine families; and
Whereas, this lack of a process is closely related to the issue of enforcement or timely
modification of existing orders; and
Whereas, as studying the possible solutions to these related problems will require
time and input from several stakeholders; now, therefore, be it
Sec. 1. Working group. Resolved: That the Maine Commission on Domestic
and Sexual Abuse, established in the Maine Revised Statutes, Title 5, section 12004-I,
subsection 74-C and referred to in this resolve as "the commission," shall convene a
working group of stakeholders including commission members, representatives of the
judicial branch, family law practitioners, members of the Family Law Advisory
Commission established in Title 5, section 12004-I, subsection 52-A, representatives of a
statewide coalition to end domestic violence and any others that the commission determines
to be necessary participants. The working group shall study the possible responses to
emergency child custody situations, including whether an ex parte emergency child custody
process can be created within the State's family law statutes and the related issue of how
best to enforce or timely modify existing child custody orders.
Sec. 2. Report; legislation. Resolved: That the commission shall submit a report
to the Joint Standing Committee on Judiciary no later than December 15, 2022. The report
must summarize the activities of the working group under section 1, identify the working
group's participants and include any recommended legislation. The joint standing
committee of the Legislature having jurisdiction over judiciary matters may report out
Page 1 - 130LR1354(03)
legislation to the First Regular Session of the 131st Legislature based on the report and
recommendations.
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